1/9/13 - CERCLA SECTION 122(g)(4) DE MINIMIS LANDOWNER SETTLEMENT AGREEMENT AND ORDER ON CONSENT.
B&B AGREES TO SELL THE PROPERTY, THEREBY FORGOING CURRENT AND FUTURE RENTAL INCOME AND APPRECIATION OF PROPERTY VALUE THAT MAY ARISE. IF THE PROPERTY IS NOT SOLD WITHIN 6 MONTHS, THIS SETTLEMENT AGREEMENT SHALL BE NULL AND VOID.
THE PARTY PURCHASING THE PROPERTY FROM B&B WILL ACQUIRE THE PROPERTY SUBJECT TO ESTES' CURRENT LEASE, WHICH EXPIRES APR 30, 2013.
COMMENCING ON THE EFFECTIVE DATE:
A. RESPONDENTS SHALL, FOR SUCH TIME AS THEY OWN OR LEASE THE PROPERTY, PROVIDE THE U.S., THE STATE, AND PERFORMING PARTIES, AND THEIR REPRESENTATIVE, CONTRACTORS, AND SUBCONTRACTORS, WITH ACCESS AT ALL REASONABLE TIMES TO THE PROPERTY TO CONDUCT RESPONSE ACTIVITIES. EPA AGREES, CONSISTENT WITH ITS RESPONSIBILITIES UNDER APPLICABLE LAW, TO USE REASONABLE EFFORTS TO MINIMIZE ANY INTERFERENCE WITH RESPONDENT'S OPERATIONS BY SUCH ENTRY AND RESPONSE. THE RESPONSE ACTIVITIES INCLUDE, BUT ARE NOT LIMITED, TO THE FOLLOWING ACTIVITIES:
1. CONDUCTING A REMOVAL ACTION PURSUANT TO THE SUPPLEMENTAL ENFORCEMENT ACTION MEMORANDUM AND REV 7 OF ADDENDUM NO. 2 - REMOVAL ACTION PLAN (RAP), ATTACHED HERETO AS APPENDICES D AND E, RESPECTIVELY;
2. VERIFYING ANY DATA OR INFORMATION SUBMITTED TO EPA OR THE STATES;
3. CONDUCTING INVESTIGATIONS REGARDING CONTAMINATION AT OR NEAR THE SITE, INCLUDING A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY;
4. OBTAINING SAMPLES, INCLUDING THE INSTALLATIO